Final decision 2022 1850.pdf

Notice of Decision 2022/1850
1.  Summary of access application
The University of Sydney (the University) received your access application under the Government
Information (Public Access) Act 2009 (the GIPA Act) received on 9 May 2022. Your application is
expressed as follows:
I would be very grateful if you can kindly provide the following data for the 2021/22 admission cycle (i.e.
2021 fall intake):
1. List of all postgraduate taught programmes
2. Numbers of all applications (for each specific programme)
3. Numbers of all offers made (for each specific programme)
4. Numbers of Chinese nationality applications (for each specific programme)
5. Numbers of Chinese nationality offers made (for each specific programme)
The meaning of “2021 fall intake” was clarified with you by email dated 20 May 2022 and has been
based on the Australian academic year and the University’s census date1 meaning the numbers for the
full January to December 2021 academic year.
2.  Decision
I am authorised by the principal officer, for the purposes of section 9(3) of the GIPA Act, to decide your
access application.
I have decided:
•  under section 58(1)(c) that some of the information is already available to you
•  under section 58(1)(d) to refuse to provide access to some of the information because there is an
overriding public interest against its disclosure.
In this Notice of Decision I will explain my reasons.  To meet the requirements of section 61 of the GIPA
Act, I need to tell you:
(a)
the reasons for my decision and the findings on any important questions of fact underlying
those reasons, and
(b)
the general nature and format of the records containing the information you asked for,
with reference to the relevant public interest considerations against disclosure (see the
attached Schedule of Documents).
These decisions are reviewable under section 80 of the GIPA Act. See part 7 of this notice for
information on review rights.

1 See: https://www.sydney.edu.au/students/census.html
The University of Sydney

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3.  Information already available to you
In part 1 of your application you sought access to:
1. List of all postgraduate taught programmes

This page on the University’s website:
https://www.sydney.edu.au/courses/search.html?search-type=course&course-level=pc&page=1
enables a search to be made which returns all postgraduate courses available at the University.
4.  Searches for information
Under the GIPA Act, we must conduct reasonable searches for the government information you asked
for in your application.  The relevant information was provided by the University’s Institutional Analytics
and Planning office which is the University’s administrative and management data reporting centre.  The
information was provided in the form of a spreadsheet titled “2021 PG coursework intake” (the
document).
5.  The public interest test
Under section 9(1) of the GIPA Act, you have a legally enforceable right to access the information you
asked for, unless there is an overriding public interest against its disclosure.
Further, under section 5 of the GIPA Act, there is a presumption in favour of disclosing government
information unless there is an overriding public interest against its disclosure.
To decide whether or not there is an overriding public interest against disclosure of the information you
asked for, I applied the public interest test, which is set out in section 13 of the GIPA Act.
I applied the public interest test by:
(a)  identifying any public interest considerations in favour of disclosure;
(b)  identifying any relevant public interest considerations against disclosure; and
(c)  deciding where the balance between them lies.
I did this in the way required by section 15 of the GIPA Act, which is:
(a)  in a way that promotes the objects of the GIPA Act;
(b)  with regard to any relevant guidelines issued by the Information Commissioner.
(c)  without taking into account the fact that disclosure of information may cause
embarrassment to, or a loss of confidence in, the Government (as that fact is
irrelevant);
(d)  without taking into account the fact that disclosure of information might be
misinterpreted or misunderstood by any person (as that fact is irrelevant); and
(e)  with regard to the fact that disclosure cannot be made subject to any conditions on the
use or disclosure of information.
The University of Sydney

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Notice of Decision 202 2/1850
5.1.
Public interest considerations in favour of disclosure
Under section 12(1) of the GIPA Act, there is a general public interest in favour of disclosing government
information.  Section 12(2) of the GIPA Act sets out some examples of other public interest
considerations in favour of disclosure. However, I am not limited to those considerations in deciding your
application.
In my view the following public interest considerations in favour of disclosure apply when considering the
documents in issue:
•  The general public interest in favour of disclosure of government information
•  The public interest in favour of disclosure of information which could inform the public about
student marketing and recruitment functions at the University.
5.2.
Personal factors of the application
Under section 55 of the GIPA Act I can also take into account any personal factors of your application. I
am not aware of any personal factors in your application.
5.3.
Public interest considerations against disclosure
When applying the public interest test, the only public interest considerations against disclosure that I
can take into account are those set out in the Table at Section 14 of the GIPA Act (the Table).  To show
that they are relevant to the information you asked for, I need to consider whether they could reasonably
be expected to have the effect outlined in the Table.  I give the words "could reasonably be expected to"
their ordinary meaning, that is reasonable, not irrational, absurd or ridiculous.
Public interest considerations against disclosure in the Table at Section 14 which are relevant to the
information responsive to your application include:
1   Responsible and effective government
There is a public interest consideration against disclosure of information if disclosure of the information
could reasonably be expected to have one or more of the following effects (whether in a particular case or
generally) —

…
(f) prejudice the effective exercise by an agency of the agency’s functions,
…
4   Business interests of agencies and other persons
There is a public interest consideration against disclosure of information if disclosure of the
information could reasonably be expected to have one or more of the following effects —
…
(d) prejudice any person’s legitimate business, commercial, professional or financial interests,
…
The object and functions of the University are set out in section 6 of the University of Sydney Act 1989:
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6   Object and functions of University
(1) The object of the University is the promotion, within the limits of the University’s resources, of
scholarship, research, free inquiry, the interaction of research and teaching, and academic excellence.
(2) The University has the following principal functions for the promotion of its object—
(a) the provision of facilities for education and research of university standard,
(b) the encouragement of the dissemination, advancement, development and application of
knowledge informed by free inquiry,
(c) the provision of courses of study or instruction across a range of fields, and the carrying out of
research, to meet the needs of the community,
(d) the participation in public discourse,
(e) the conferring of degrees, including those of Bachelor, Master and Doctor, and the awarding of
diplomas, certificates and other awards,
(f) the provision of teaching and learning that engage with advanced knowledge and inquiry,
(g) the development of governance, procedural rules, admission policies, financial arrangements
and quality assurance processes that are underpinned by the values and goals referred to in the
functions set out in this subsection, and that are sufficient to ensure the integrity of the University’s
academic programs.
(3) The University has other functions as follows—
(a) the University may exercise commercial functions comprising the commercial exploitation or
development, for the University’s benefit, of any facility, resource or property of the University or in
which the University has a right or interest (including, for example, study, research, knowledge and
intellectual property and the practical application of study, research, knowledge and intellectual
property), whether alone or with others,
(a1) without limiting paragraph (a), the University may generate revenue for the purpose of funding
the promotion of its object and the carrying out of its principal functions,
(b) the University may develop and provide cultural, sporting, professional, technical and
vocational services to the community,
(c) the University has such general and ancillary functions as may be necessary or convenient for
enabling or assisting the University to promote the object and interests of the University, or as may
complement or be incidental to the promotion of the object and interests of the University,
(d) the University has such other functions as are conferred or imposed on it by or under this or
any other Act.
(4) The functions of the University may be exercised within or outside the State, including outside
Australia.
The University has specific functions relating to domestic and international postgraduate students, they
include marketing to and recruitment into its courses of study.
The University of Sydney

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The University is one of the largest providers of educational services domestically and to international
students in Australia2 and is very competitive in the both the domestic and international tertiary education
market.  Income from postgraduate students forms a significant part of the University’s operating
revenue.3
It could reasonably be expected that disclosure of this information in the document which are the subject
of your application would:
•  prejudice the effective exercise by the University of its functions,
•  prejudice the University’s legitimate business, commercial or financial interests.
The information in the document responsive to parts 2 to 5 of your application would prejudice the
University’s position in the highly competitive domestic and international market for postgraduate
students.  The disclosure of the information contained in the document would provide the University’s
competitors with a detailed map of where and which programs to target in their marketing and student
recruitment.  The University does not have similar information in relation to its competitors and I note that
such detailed information is not required to be reported publicly and that universities do not make such
granular information public.  The information in the document has commercial value and in the hands of
the University’s competitors could reasonably be expected to prejudice the effectiveness of the
University’s functions of marketing to and recruitment of postgraduate students. This would result in a
loss of market share by the University so prejudicing its legitimate business, commercial and financial
interests.
In summary, it is to be reasonably expected that disclosure of the information indicated in the schedule
as being subject to clause 1 would have the effects listed in Clauses 1(f) and 4(d) of the Table at section
14 of the GIPA Act.
5.4.
Consultation
No consultation was required or conducted under section 54 of the GIPA Act.
5.5.
Balancing the public interest test
The object of the GIPA Act is to be achieved by authorising and encouraging proactive release of
information, providing an enforceable right of access, and restricting access to government information
only where there is an overriding public interest against disclosure. In accordance with section 13, there
is an overriding public interest against disclosure of information for the purposes of the GIPA Act if (and
only if) there are public interest considerations against disclosure and, on balance, those considerations
outweigh the public interest considerations in favour of disclosure.
I have considered the relevant public interest considerations in favour of and against the disclosure of
the information that you have requested. The public interest considerations in favour of disclosure are
set out in section 5.1 of this Notice. The public interest considerations against disclosure are set out in
section 5.3 of this Notice. I have formed the view that disclosure of the information contained in the

2 For example see: https://internationaleducation.gov.au/research/research-
snapshots/Documents/RS_International%20students%20at%20universities.pdf
3 See the University of Sydney Annual Report 2021 pages 46-7 at: https://www.sydney.edu.au/about-us/vision-and-
values/annual-report.html
The University of Sydney

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document could reasonably be expected to have one or more of the relevant effects listed in the Table at
section 14 of the GIPA Act. Accordingly, it is appropriate to take these public interest considerations into
account when assessing whether there is an overriding public interest against disclosure.
As stated in 5.3 above the University’s functions include marketing to and recruitment of domestic and
international postgraduate students to its courses.
The disclosure of the information in the document is withheld under the relevant public interest
considerations against disclosure in clauses 1 and 4 of the Table could reasonably be expected to have
the prejudicial effects described in those clauses. While recognising the public interest in the disclosure
of government information generally, and specifically regarding student numbers, I give more weight to
the public interest in the protection of University functions of the marketing to and recruitment of
postgraduate students and the prevention of prejudice to the University’s legitimate business,
commercial or financial interests.  It is a factor in my decision that all Australian universities provide
some information regarding their domestic and international students to the Commonwealth Department
of Education, Skills and Employment. Some of this information is made public in a way that does not
prejudice any university.4
6.  Disclosure log
If information that would be of interest to other members of the public is disclosed in response to a formal
access application, an agency must record certain details about the application in its ‘disclosure log’
(under sections 25 and 26 of the GIPA Act).  As no information is being disclosed no details of your
application will be included in our disclosure log.
7.  Review rights
If you disagree with any of the decisions in this notice that are reviewable, you may seek a review under
Part 5 of the GIPA Act. Before you do so, I encourage you to contact me to discuss your concerns.  My
contact details are below.
You have three review options:
•  internal review by another officer of this agency, who is no less senior than me
•  external review by the Information Commissioner, or
•  external review by the NSW Civil and Administrative Tribunal (NCAT).
You have 20 working days from the date of this Notice to apply for an internal review.  If you would prefer
to have the decision reviewed externally, you have 40 working days from the date of this Notice to apply
for a review by the Information Commissioner or the NCAT.
To assist you, I have enclosed a fact sheet published by the Information and Privacy Commission (IPC),
Your review rights under the GIPA Act.  You will also find some useful information and frequently asked
questions on the IPC’s website: www.ipc.nsw.gov.au.

4 For example, see: https://www.dese.gov.au/higher-education-statistics and https://www.dese.gov.au/international-
education/data-and-research#toc--international-data-
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You can also contact the IPC on freecall 1800 IPC NSW (1800 472 679).
8.  Further information
If you have any questions about this notice or would like any further information, please contact Dr
Cumming, xxxx.xxxxxxxxx@xxxxxx.xxx.xx or on +612 9351 4263.

Dr Kate Cumming
Manager, Archives and Records Management Services

The University of Sydney

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9.  Schedule of documents
(including relevant public interest consideration(s) against disclosure for documents
not released or released in part)

Part of application documents
Page numbers
Release
Relevant public interest
are responsive to
of pdf
consideration(s) against
disclosure
Spreadsheet titled “2021 PG
6
No
1(f), 4(d)
coursework intake”

The University of Sydney

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